DE 98-223
BELL ATLANTIC/DIECA COMMUNICATIONS D/B/A COVAD COMMUNICATIONS
Order Nisi Approving Interconnection Agreement
O R D E R N O. 23,128
February 1, 1999
On December 22, 1998, Dieca Communications Inc. d/b/a
Covad Communications Company (CCC) and New England Telephone and
Telegraph Company (Bell Atlantic) jointly filed with the New
Hampshire Public Utilities Commission (Commission) a negotiated
Interconnection Agreement (Agreement). The Agreement was filed
for approval pursuant to section 252(e) of the Telecommunications
Act of 1996 (TAct).
This Agreement provides, inter alia, for
transmission/routing of exchange service traffic and exchange
access traffic, transmission/termination of other types of
traffic and joint network configuration. It further provides for
unbundled access, resale, collocation, number portability,
dialing parity, access to rights of way, access to data bases,
and directory assistance service. The parties will exchange
technical and traffic information which will be kept proprietary;
each party will maintain facilities within its own network and
will not interfere with the other party's systems.
This Agreement is a comprehensive set of terms and
conditions that will facilitate the entry of CCC as a competitive
local exchange carrier (CLEC) in New Hampshire. The parties
agree to jointly engineer, plan and operate a diverse
transmission system with which they will interconnect their
respective networks. The Agreement specifies the designation of
interconnection points, provides for a joint grooming plan, and
provides for the physical interface of facilities.
The interoffice facilities are priced on an unbundled
basis to allow for use with other unbundled network elements,
thus creating numerous facilities based and/or resale options to
CCC in the provisioning of exchange and exchange access services.
The Agreement also includes detailed unbundling of local outside
plant and central office facilities that would allow CCC to
provide digital and other high-tech services with minimal or no
future negotiating or "grooming" of the Agreement.
Prices in this filing are virtually the same as those
in previously approved non-cellular interconnection agreements
for the services/elements that are common. Staff points out that
the TAct does not require that a telecommunications company sell
each service/element for the same price or terms to each
requesting party. A CLEC can request the entire agreement of
another CLEC pursuant to 252(i) of the TAct.
A Statement of Generally Available Terms (SGAT) was
filed by Bell Atlantic on July 11, 1997 and took effect October
20, 1997 per order 22,692 (August 25, 1997) subject to continued
review pursuant to section 252(f)(4) of the TAct. This allows
CCC and other competitors to purchase services or unbundled
elements that may not be covered by their interconnection
agreement.
The Staff has recommended approval of the Agreement
between CCC and Bell Atlantic based on a review of the petition,
the Agreement and verbal clarification provided by Bell Atlantic.
We have reviewed the filing and find it meets the
standards of section 252(e)(2)(A) of the TAct for approval of a
negotiated Agreement. The Agreement does not appear to be
discriminatory to any carrier not a party to the negotiations and
is consistent with the public interest, convenience, and
necessity. We will approve it on a nisi basis in order to
provide any interested party an opportunity to submit comments or
request a hearing pursuant to RSA 374:26.
Based upon the foregoing, it is hereby
ORDERED NISI, that the Interconnection Agreement
negotiated between CCC and Bell Atlantic is approved; and it is
FURTHER ORDERED, that CCC will notify the Commission
within ten days of making their first facility-based commercial
call in any exchange that has not already been opened to a "fresh
look opportunity" as ordered in Docket DE 96-420. The
recommended method of notifying the Commission is to provide a
copy of the "Confirmation of Code Activation Form" which is used
to notify the North American Numbering Code Administrator.
FURTHER ORDERED, that the Petitioner shall cause a copy
of this Order Nisi to be published once in a statewide newspaper
of general circulation, such publication to be no later than
February 8, 1999 and to be documented by affidavit filed with
this office on or before February 16, 1999; and it is
FURTHER ORDERED, that all persons interested in
responding to this petition be notified that they may submit
their comments or file a written request for a hearing on this
matter before the Commission no later than February 22, 1999; and
it is
FURTHER ORDERED, that any party interested in
responding to such comments or request for hearing shall do so no
later than February 26, 1999; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective March 1, 1999, unless the Commission provides otherwise
in a supplemental order issued prior to the effective
date.
By order of the Public Utilities Commission of New
Hampshire this first day of February, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary